- (1.) This Court, on January 25, 2012, had passed the following order: Present petition has been filed under Section 438 Cr.P.C. praying for grant of pre-arrest bail to the petitioner in a case arising out of FIR No.64 dated 24.01.2011 registered at Police Station Samalkha, District Panipat under Sections 363, 372, 216, 376, 120-B and 506 IPC. The petitioner is stated to be mother of Surender, who had allegedly married the prosecutrix (name withheld to protect her identity). Counsel has drawn my attention to order (Annexure P-2) to state that Surender, son of the petitioner, and the prosecutrix had approached this Court seeking protection to their lives and it was specifically stated in the petition that they have performed marriage according to their own free will. Learned counsel states that it is later-on that the prosecutrix has changed her stand and has implicated son of the petitioner. It is further submitted that Surender, son of the petitioner, is already in custody of the police. Counsel contends that it is alleged that the petitioner had connived with her son for elopement of the prosecutrix. Issue notice of motion to Advocate General, Haryana for 6th February, 2012. Meanwhile, in the event of arrest, the petitioner shall be released on interim bail to the satisfaction of arresting/investigating officer. The petitioner shall, however, join the investigation as and when called for and shall also abide by the conditions specified under Section 438(2) Cr.P.C.
(2.) Counsel for the State, on instructions from Satpal Singh ASI, Police Station Samalkha, District Panipat, states that the petitioner has joined the investigation and is no longer required for custodial interrogation by the investigating agency.
(3.) For the reasons stated in order dated January 25, 2012 and in view of the statement made by Counsel for the State, the present petition is accepted. The order dated January 25, 2012, granting interim pre-arrest bail to the petitioner, is hereby affirmed and it is ordered that in the event of arrest, the petitioner shall be released on bail to the satisfaction of the arresting/investigating officer. However, he shall continue to appear before the investigating agency as and when called-for till filing of a report under Section 173 Cr.P.C. He shall also abide by the conditions specified under Section 438 (2) Cr.P.C. On submission of the report under Section 173 Cr.P.C., the petitioner shall be permitted to furnish regular bail bonds to the satisfaction of the trial Court.;